AMARSARJIT SINGH versus THE STATE OF PUNJAB (AND CONNECTED PETITIONS AND APPEALS)

AMARSARJIT SINGH versus THE STATE OF PUNJAB (AND CONNECTED PETITIONS AND APPEALS)

The jagirs in question fall within Section 2(1)(a) of the Punjab Resumption of Jagirs Act, 1957 as assignments of land revenue by the State Government, interpreted to include the British Government by virtue of the amended definition. The Punjab Legislature was competent to enact and amend the Act, and the Act...

Source-derived case information.

Parties
Petitioner/appellant: Amarsarjit Singh; Petitioner/appellant: Other petitioners/appellants (including Jagirdars); Respondent: The State of Punjab; Intervener: Satinder Singh (Intervener No. 1); Intervener: Raghvinder Singh and others (Intervener No. 2)
Jurisdiction
India
Judgment Date
20 February 1962
Procedural Posture
Writ Petition (art. 32) and Civil Appeals (art. 133, Special Leave) / Supreme Court Judgment (decision on Merits, Post Appeal)
Outcome
Petitions and appeals dismissed with costs.
Legal Topics
Resumption of Jagirs, Legislative Competence, Definition and Status of Jagirs, Implied Grant, Validity of Statutory Amendment, State's Authority to Resume Jagirs
Constitutional Law Property Law Administrative Law Resumption of Jagirs Legislative Competence Definition and Status of Jagirs Implied Grant Validity of Statutory Amendment +1 more

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Parties

Amarsarjit Singh

Petitioner/appellant

Other petitioners/appellants (including Jagirdars)

Petitioner/appellant

The State of Punjab

Respondent

Satinder Singh (Intervener No. 1)

Intervener

Raghvinder Singh and others (Intervener No. 2)

Intervener

Procedural Posture

Writ Petition (art. 32) and Civil Appeals (art. 133, Special Leave) / Supreme Court Judgment (decision on Merits, Post Appeal)

Legal Issues

  1. 1 Whether the Cis-Sutlej jagirs are within the definition of 'jagir' under the Punjab Resumption of Jagirs Act, 1957 and can be resumed by the State of Punjab.
  2. 2 Whether the Act and its 1959 amendment defining 'State Government' are within the legislative competence of the State Legislature.

Ratio Decidendi

The jagirs in question fall within Section 2(1)(a) of the Punjab Resumption of Jagirs Act, 1957 as assignments of land revenue by the State Government, interpreted to include the British Government by virtue of the amended definition. The Punjab Legislature was competent to enact and amend the Act, and the Act validly extinguishes and resumes the jagirs. The appeals and petitions challenging the Act and the resumption fail on merit.

Court Disposition

Petitions and appeals dismissed with costs.

Orders

  • Petitions challenging the constitutionality and applicability of the Punjab Resumption of Jagirs Act, 1957, as amended, are dismissed with costs, one hearing fee.
  • Appeals against orders of the Punjab High Court are dismissed with costs, one set.